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Terms of Use

Updated February 27, 2023

  1. Overview

Kalmbach.com and its affiliated websites, email properties and other online services, including without limitation, Astronomy.com, Discovermagazine.com, Trains.com, Finescale.com, KalmbachHobbyStore.com, MyScienceshop.com and SpaceandBeyondBox.com (collectively, the “Sites”) are owned and operated by Kalmbach Media (“Kalmbach Media”, the “Company”, “we”, “our”, or “us”).  Access to and use of the Sites is subject to these terms and conditions of use (“Terms of Use”).

  • “Sites” or “Kalmbach Media” shall include any information or services made available by Kalmbach Media, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Sites, or any part of the Sites, with or without notice.
  • The Sites are not intended for users under 13 years of age. If you are under 13, do not use the Sites and do not provide us with any personal information.
  • We make no claims that the Sites or any Sites’ content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and regulations.
  1. Disclaimer

The information available through the Sites is provided solely for informational purposes on an “as is” basis at user’s sole risk. Kalmbach Media makes no guarantees as to the accurateness, quality, or completeness of the information and Kalmbach Media shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. Users are solely responsible for verifying the information as being appropriate for user’s personal use.

  1. Our Right to Modify These Terms of Use

We reserve the right to change these Terms of Use at any time. You should check this page regularly. The changes will appear on the Sites and will be effective when we post the changes. Your continued use of the Sites means you agree to and accept the changes.

  1. Our Privacy Policy

Our Privacy Policy contains further information about how data is collected, used and made available on or by our Sites. We encourage you to read it, here.

  1. Kalmbach Media Intellectual Property

Your Limited License to our Intellectual Property

The materials used and displayed on the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Kalmbach Media, or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the prior written permission of Kalmbach Media.  Kalmbach Media grants you a personal, non-exclusive, non-transferable, revocable license to use the Sites and any materials on the site for non-commercial purposes subject to these Terms of Use.

Kalmbach Media Trademarks and Logos

The terms Kalmbach Media, www.kalmbach.com, and other Kalmbach Media trademarks and services marks, and all related names, logos, product and service names, designs and slogans, are trademarks of Kalmbach Media or its affiliates or licensors. You may not use such marks without the prior written permission of Kalmbach Media. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.

  1. Reliance on Information on Site

We have no obligation to, and you should not expect us to, review content on our Sites, including User Contributions (defined below) or contributions by our independent contributors.

About our Contributors

Kalmbach Media seeks out content providers in particular subject matters as independent contractor contributors to the Sites. Kalmbach Media does not represent or guarantee that any contributor has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, without limitation, as to the subject matter to which their contributions relate. To the extent we refer to each of these contributors as an expert on the Sites, you must understand that we rely on the information they provide us and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. Kalmbach Media is also not obligated to monitor or independently research or verify any content they contribute. Contributors, even if characterized as an expert, are not employees of Kalmbach Media or its affiliates, and Kalmbach Media cannot and does not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Sites.

Please do not rely on our Sites’ content, including User Contributions and content from our independent contractor contributors. Content is provided for general information purposes only and can never take into account your unique, personal circumstances and needs. You acknowledge and agree that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and Kalmbach Media shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through our Sites, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice.

  1. Prohibited Uses of the Sites

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

  • In any way that violates any applicable federal, state, local or international law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Kalmbach Media, a Kalmbach Media employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Kalmbach Media or users of the Sites or expose them to liability.

Additionally, you agree not to:

  • “Scrape” or disaggregate data from the Sites (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material or mechanism which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer or database connected to the Sites.
  • Otherwise attempt to interfere with the proper working of the Sites.
  1. Content That You Make Available on the Site

User Contributions

The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, review and ratings sections, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) comments, content or other materials (collectively, “User Contributions”) on or through the Sites.

If you voluntarily disclose personal information (e.g., user name, email address) on the Sites, such as on a forum, chat room or on any other user or member-generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We strongly advise that you not post any personal or other sensitive information on our Sites.

Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
  • Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
  1. Your Indemnification of Us

You agree to indemnify, defend and hold harmless Kalmbach Media, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defense of any such claim. Kalmbach Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

  1. WARRANTY DISCLAIMER

THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITES. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.

  1. LIABILITY DISCLAIMER

YOUR USE OF THE SITES IS AT YOUR OWN RISK. NEITHER, KALMBACH MEDIA NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES AND THE INFORMATION AVAILABLE ON THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST KALMBACH MEDIA AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITES AND THE INFORMATION AVAILABLE THEREON.

  1. Third-Party Links, Advertisements, Websites and Content

We do not review or monitor any websites, advertisements, or other media linked to or available through the Sites and are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Kalmbach Media nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Sites, and we shall not receive or review complaints regarding such purchases.

  1. Disputes

These Terms of Use and any disputes arising out of or related to the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Wisconsin (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Wisconsin, County of Waukesha.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

  1. Waiver and Severability

No waiver by Kalmbach Media of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kalmbach Media to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Kalmbach Media with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

  1. DMCA Policy

Kalmbach Media deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the Sites that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Sites without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent (Legal), Kalmbach Media, P.O. Box 1612, Waukesha, WI, 53187-1612 or in an email to @Kalmbach.com. This contact information is only for suspected copyright infringement. Please include the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.
  • Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).

It is the policy of Kalmbach Media to disable the accounts of users who repeatedly post infringing material on the Sites.

  1. How to Contact Us

The Sites are owned and operated by Kalmbach Media, P.O. Box 1612, Waukesha, WI 53187-1612.

All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to our Customer Service Center at https://www.kalmbach.com/contact-us/.

Thank you for visiting Kalmbach Media.